This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

12287 

Vol. 89, No. 33 

Friday, February 16, 2024 

FEDERAL LABOR RELATIONS 

AUTHORITY 

5 CFR Parts 2471 and 2472 

Procedures of the Panel; 

Miscellaneous Requirements 

AGENCY: Federal Service Impasses 

Panel, Federal Labor Relations 

Authority. 

ACTION: Proposed rule. 

SUMMARY: The Federal Labor Relations 

Authority’s (FLRA) Federal Service 

Impasses Panel (FSIP) is proposing 

updates to its regulations to establish 

revised methods by which the public 

may obtain specific forms from the 

FSIP, and then file, or formally submit, 

those forms and other documents during 

the course of FSIP proceedings. 

DATES: Written comments must be 

received on or before March 18, 2024. 

ADDRESSES: You may send comments, 

which must include the caption ‘‘FSIP 

Procedures of the Panel; Miscellaneous 

Requirements,’’ by one of the following 

methods: 

Email: SolMail@flra.gov. Include 

‘‘FSIP Procedures of the Panel; 

Miscellaneous Requirements’’ in the 

subject line of the message. 

Mail: Thomas Tso, Solicitor, Federal 

Labor Relations Authority, 1400 K Street 

NW, Suite 300, Washington, DC 20424– 

0001. 

Instructions: Do not mail written 

comments if they have been submitted 

via email. Interested persons who mail 

written comments must submit an 

original and 4 copies of each written 

comment, with any enclosures, on 81⁄2

x 11 inch paper. Do not deliver 

comments by hand. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly Moseley, Executive Director, 

Federal Service Impasses Panel, at 

kmoseley@flra.gov or at: 771–444–5765. 

SUPPLEMENTARY INFORMATION: Due 

primarily to budgetary constraints, the 

Federal Labor Relations Authority 

(FLRA), including FSIP, is consolidating 

its office space at 1400 K Street NW, 

Washington, DC, so that all of the offices 

currently on the second floor of that 

address will now be located on the third 

floor, along with the other FLRA offices 

that are already located on the third 

floor. Additionally, as FSIP continues to 

move towards fully electronic case files, 

it wishes to strongly encourage parties 

to file any permissible documents 

through the eFiling system, and to 

implement a requirement that allows inperson filing of forms or documents in 

FSIP matters by permission only, at an 

appointed time. To the extent that 

moving to an ‘‘appointment-only’’ inperson filing system has any effect at all 

on parties’ filing practices, it should 

promote eFiling. Further, it would assist 

FSIP—which has currently a staff of 

only four employees—in more easily 

managing staff-coverage issues, 

especially if budget constraints or other 

considerations prevent it from filling 

vacancies as they arise. 

Given these considerations, the FSIP 

proposes to amend 5 CFR parts 2471.2, 

2471.5, 2472.3, 2472.5, and 2472.6 to 

update procedures for obtaining FSIPspecific forms and then filing or 

formally submitting those forms and 

other documents during the course of 

proceedings before the FSIP. The 

proposed amendments would promote 

eFiling, and conserve FSIP staff’s time 

and efficiency by allowing staff 

members to accept documents after 

giving advance permission, and at 

specific appointed times. This 

arrangement will allow staff members to 

avoid remaining on constant stand-by 

for lengthy periods of time each week to 

accept forms and documents, thus 

losing the opportunity to perform other 

critical tasks. 

Regulatory Flexibility Act Certification 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act, 5 U.S.C. 

605(b), the Chairman of the FSIP has 

determined that this proposed rule will 

not have a significant impact on a 

substantial number of small entities, 

because this proposed rule applies only 

to Federal agencies, Federal employees, 

and labor organizations representing 

those employees. 

Executive Order 12866, Regulatory 

Review 

The FLRA is an independent 

regulatory agency and thus not subject 

to the requirements of E.O. 12866 (58 FR 

51735, Sept. 30, 1993). 

Executive Order 13132, Federalism 

The FLRA is an independent 

regulatory agency and thus not subject 

to the requirements of E.O. 13132 (64 FR 

43255, Aug. 4, 1999). 

Unfunded Mandates Reform Act of 

1995 

This proposed rule will not result in 

the expenditure by state, local, and 

tribal governments, in the aggregate, or 

by the private sector, of $100,000,000 or 

more in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This action is not a major proposed 

rule as defined by section 804 of the 

Small Business Regulatory Enforcement 

Fairness Act of 1996. This proposed rule 

will not result in an annual effect on the 

economy of $100,000,000 or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

Paperwork Reduction Act of 1995 

The proposed regulations contain no 

additional information collection or 

record-keeping requirements under the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3501, et seq. 

List of Subjects in 5 CFR Parts 2471 and 

2472 

Administrative practice and 

procedure, Government employees, 

Labor management relations. 

For the reasons discussed in the 

preamble, the FLRA proposes to amend 

5 CFR parts 2471 and 2472 as follows: 

PART 2471—PROCEDURES OF THE 

PANEL 

■ 1. The authority citation for part 2471 

continues to read as follows: 

Authority: 5 U.S.C. 7119, 7134. 

■ 2. Revise § 2471.2 to read as follows: 


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12288 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Proposed Rules 

§ 2471.2 Request form. 

A form is available for parties to use 

in filing either a request for 

consideration of an impasse or an 

approval of a binding arbitration 

procedure. Copies are available on the 

FLRA’s website at www.flra.gov or, with 

advance permission only, from the 

Office of the Executive Director, Federal 

Service Impasses Panel, Suite 300, 1400 

K Street NW, Washington, DC 20424– 

0001. Telephone (771) 444–5762. Use of 

the form is not required, provided that 

the request includes all of the 

information set forth in § 2471.3. 

■ 3. Amend § 2471.5 by revising 

paragraphs (a) introductory text, (a)(1), 

(b) introductory text, (b)(1), and (d) to 

read as follows: 

§ 2471.5 Filing and Service. 

(a) Filing and service of request. 

(1) Any party submitting a request for 

Panel consideration of an impasse or a 

request for approval of a binding 

arbitration procedure shall file an 

original and one copy with the Panel, 

unless the request is filed electronically 

as discussed below. A clean copy may 

be submitted for the original. Requests 

may be submitted electronically through 

use of the eFiling system on the FLRA’s 

website at www.flra.gov, or by registered 

mail, certified mail, regular mail, or 

commercial delivery. Requests also may 

be accepted by the Panel if transmitted 

to the facsimile machine of its office, the 

number of which is (202) 482–6674. A 

party submitting a request by facsimile 

shall also file an original for the Panel’s 

records, but failure to do so shall not 

affect the validity of the filing by 

facsimile, if otherwise proper. While 

requests may also be submitted by inperson delivery to the FSIP, you must 

first obtain permission, by calling (771) 

444–5762, and then schedule an 

appointment at least one business day 

in advance of submission. In-person 

delivery is accepted with permission, 

and by appointment only, Monday 

through Friday (except federal 

holidays). 

* * * * * 

(b) Filing and service of other 

documents. 

(1) Any party submitting a response 

to, or other document in connection 

with, a request for Panel consideration 

of an impasse or a request for approval 

of a binding arbitration procedure shall 

file an original and one copy with the 

Panel, with the exception of responses 

or documents filed simultaneously with 

the electronic filing of a request through 

use of the FLRA’s eFiling system. 

Responses or documents may be 

submitted electronically through use of 

the eFiling system on the FLRA’s 

website at www.flra.gov, or by registered 

mail, certified mail, regular mail, or 

commercial delivery. Responses or 

documents also may be accepted by the 

Panel if transmitted to the facsimile 

machine of its office, the number of 

which is (202) 482–6674. A party 

submitting a response or document by 

facsimile shall also file an original for 

the Panel’s records, but failure to do so 

shall not affect the validity of the filing 

by facsimile, if otherwise proper. While 

responses or documents may also be 

submitted by in-person delivery to the 

FSIP, you must first obtain permission, 

by calling (771) 444–5762, and then 

schedule an appointment at least one 

business day in advance of submission. 

In-person delivery is accepted with 

permission, and by appointment only, 

Monday through Friday (except federal 

holidays). 

* * * * * 

(d) The date of service or date served 

shall be the day when the matter served, 

if properly addressed, is deposited in 

the U.S. mail, deposited with a 

commercial-delivery service that will 

provide a record showing the date the 

document was tendered to the delivery 

service, or delivered in person after 

permission to do so is granted. Where 

service is made by electronic or 

facsimile transmission, the date of 

service shall be the date of transmission. 

* * * * * 

PART 2472—IMPASSES ARISING 

PURSUANT TO AGENCY 

DETERMINATIONS NOT TO 

ESTABLISH OR TO TERMINATE 

FLEXIBLE OR COMPRESSED WORK 

SCHEDULES 

■ 4. The authority citation for part 2472 

continues to read as follows: 

Authority: 5 U.S.C. 6131. 

■ 5. Revise § 2472.3 to read as follows: 

§ 2472.3 Request for Panel Consideration. 

Either party, or the parties jointly, 

may request the Panel to resolve an 

impasse resulting from an agency 

determination not to establish or to 

terminate a flexible or compressed work 

schedule by filing a request as 

hereinafter provided. A form is available 

for use by the parties in filing a request 

with the Panel. Copies are available on 

the FLRA’s website at www.flra.gov or, 

with advance permission only, from the 

Office of the Executive Director, Federal 

Service Impasses Panel, Suite 300, 1400 

K Street NW, Washington, DC 20424– 

0001. Telephone (771) 444–5762. Fax 

(202) 482–6674. Use of the form is not 

required provided that the request 

includes all of the information set forth 

in § 2472.4. 

■ 6. Revise § 2472.5 to read as follows: 

§ 2472.5 Where to file. 

Requests to the Panel provided for in 

this part must either be filed 

electronically through use of the FLRA’s 

eFiling system on the FLRA’s website at 

www.flra.gov, or be addressed to the 

Executive Director, Federal Service 

Impasses Panel, Suite 300, 1400 K Street 

NW, Washington, DC 20424–0001. All 

inquiries or correspondence on the 

status of impasses or other related 

matters must be submitted by regular 

mail to the street address above, by 

using the telephone number (771) 444– 

5762, or by using the facsimile number 

(202) 482–6674. 

■ 7. Amend § 2472.6 by revising 

paragraphs (a) introductory text, (a)(1), 

(b) introductory text, (b)(1), and (d) to 

read as follows: 

§ 2472.6 Filing and service. 

(a) Filing and service of request. 

(1) Any party submitting a request for 

Panel consideration of an impasse filed 

pursuant to § 2472.3 of these rules shall 

file an original and one copy with the 

Panel unless the request is filed 

electronically as discussed below. A 

clean copy may be submitted for the 

original. Requests may be submitted 

electronically through use of the eFiling 

system on the FLRA’s website at 

www.flra.gov, or by registered mail, 

certified mail, regular mail, or 

commercial delivery. Requests also may 

be accepted by the Panel if transmitted 

to the facsimile machine of its office, the 

number of which is (202) 482–6674. A 

party submitting a request by facsimile 

shall also file an original for the Panel’s 

records, but failure to do so shall not 

affect the validity of the filing by 

facsimile, if otherwise proper. While 

requests may also be submitted by inperson delivery to the FSIP, you must 

first obtain permission, by calling (771) 

444–5762, and then schedule an 

appointment at least one business day 

in advance of submission. In-person 

delivery is accepted with permission, 

and by appointment only, Monday 

through Friday (except federal 

holidays). 

* * * * * 

(b) Filing and service of other 

documents. 

(1) Any party submitting a response 

to, or other document in connection 

with, a request for Panel consideration 

of an impasse filed pursuant to § 2472.3 

shall file an original and one copy with 

the Panel, with the exception of 

responses or documents that are filed 

simultaneously with the electronic 


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Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Proposed Rules 12289 

1Petition of the United States Postal Service for 

the Initiation of a Proceeding to Consider Proposed 

Changes in Analytical Principles (Proposal One), 

February 8, 2024 (Petition). 

2 Id. (citing Docket No. RM2017–11, Order on 

Analytical Principles Used in Periodic Reporting 

(Proposal Seven), November 20, 2017, at 4, 8 (Order 

No. 4227)). 

3 Id.; see Docket No. R2021–2, Order on Price 

Adjustments for First-Class Mail, USPS Marketing 

Mail, Periodicals, Package Services, and Special 

Services Products and Related Mail Classification 

Changes, July 19, 2021 (Order No. 5937). 

filing of a request for Panel 

consideration. A clean copy may be 

submitted for the original. Responses or 

documents may be submitted 

electronically through use of the eFiling 

system on the FLRA’s website at 

www.flra.gov, or by registered mail, 

certified mail, regular mail, or 

commercial delivery. Responses or 

documents also may be accepted by the 

Panel if transmitted to the facsimile 

machine of its office, the number of 

which is (202) 482–6674. A party 

submitting a response or document by 

facsimile shall also file an original for 

the Panel’s records, but failure to do so 

shall not affect the validity of the filing 

by facsimile, if otherwise proper. While 

responses or documents may also be 

submitted by in-person delivery to the 

FSIP, you must first obtain permission, 

by calling (771) 444–5762, and then 

schedule an appointment at least one 

business day in advance of submission. 

In-person delivery is accepted with 

permission, and by appointment only, 

Monday through Friday (except federal 

holidays). 

* * * * * 

(d) The date of service or date served 

shall be the day when the matter served, 

if properly addressed, is deposited in 

the U.S. mail, deposited with a 

commercial-delivery service that will 

provide a record showing the date the 

document was tendered to the delivery 

service, or delivered in person after 

permission to do so is granted. Where 

service is made by electronic or 

facsimile transmission, the date of 

service shall be the date of transmission. 

* * * * * 

Approved: February 12, 2024. 

Thomas Tso, 

Solicitor and Federal Register Liaison, Federal 

Labor Relations Authority. 

[FR Doc. 2024–03210 Filed 2–15–24; 8:45 am] 

BILLING CODE 7627–01–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3050 

[Docket No. RM2024–3; Order No. 6965] 

Periodic Reporting 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Commission is 

acknowledging a recent filing requesting 

the Commission initiate a rulemaking 

proceeding to consider changes to 

analytical principles relating to periodic 

reports (Proposal One). This document 

informs the public of the filing, invites 

public comment, and takes other 

administrative steps. 

DATES: Comments are due: February 26, 

2024. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http://

www.prc.gov. Those who cannot submit 

comments electronically should contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section by 

telephone for advice on filing 

alternatives. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Proposal One 

III. Notice and Comment 

IV. Ordering Paragraphs 

I. Introduction 

On February 8, 2024, the Postal 

Service filed a petition pursuant to 39 

CFR 3050.11 requesting that the 

Commission initiate a rulemaking 

proceeding to consider changes to 

analytical principles relating to periodic 

reports.1 The Petition identifies the 

proposed analytical changes filed in this 

docket as Proposal One. 

II. Proposal One 

Background. The Postal Service has in 

recent years made several proposals to 

improve the methodology used to 

calculate dropship workshare discounts 

for various flat-shaped USPS Marketing 

Mail mailpieces. Petition, Proposal One 

at 1. For some flat-shaped USPS 

Marketing Mail pieces, two rates are 

available: (1) a per-piece rate for pieces 

up to a 4-ounce breakpoint weight; (2) 

and a combined rate, per piece and per 

pound, for pieces heavier than the 4- 

ounce breakpoint weight. Id. In 2017, 

the Postal Service’s passthrough 

calculation divided the discount for the 

heavier pieces by the avoided cost per 

pound for all pieces, both above and 

below the 4-ounce breakpoint. Id. at 2. 

The Postal Services states that this 

method was ‘‘incomplete,’’ because ‘‘[i]t 

did not include in its numerator pieces 

below the pricing breakpoint, but it did 

include the weight of those pieces in the 

denominator.’’ Id. Therefore, the Postal 

Service proposed, and the Commission 

approved, the following methodology to 

calculate dropship workshare discounts 

for USPS Marketing Mail that included 

the discount for pieces at or below the 

breakpoint weight in the numerator: 

((Pound discount * Pounds above breakpoint) + (Piece discount * Pieces below breakpoint)) 

(Avoided cost per pound * Pounds above and below breakpoint) 2

The Postal Service states that the 

usual approach of taking ‘‘the unit 

discount from the published benchmark 

price’’ divided by the avoided cost ‘‘did 

not work because the benchmark price 

varies with the different weights of the 

pieces mailed.’’ Id. at 3. The Postal 

Service states that it could only 

calculate the workshare discounts for 

these flat-shaped USPS Marketing Mail 

mailpieces on a weighted basis after 

mailing, ‘‘when the weights and 

numbers of pieces sent were known.’’ 

Id. The Postal Service contends that, as 

a practical matter, the passthrough 

percentages for these mailpieces could 

sometime vary widely with changes in 

mail volumes and weights which, in 

turn, made it more difficult for the 

passthrough percentages to meet the 

requirements of 39 CFR 3030.284 and 

3030.284. Id. 

The Postal Services states that it 

identified the problem complying with 

39 CFR 3030.284 and 3030.284 in 

Docket No. R2021–2, ‘‘where it was 

mathematically impossible for the 

Postal Service to make all six 

passthrough percentages for Basic 

Carrier Route Flats (those on 5-Digit 

pallets and those on all other pallets)’’ 

comply with the Commission’s 

workshare discount regulations.3 The 

Postal Service therefore filed a petition 

to address the non-compliance by 

modifying how it calculated and 


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